HomeMy WebLinkAbout20043421.tiff RESOLUTION
RE: APPROVE LONG-TERM ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT
FOR WELD COUNTY ROAD 38 AND AUTHORIZE CHAIR TO SIGN - PLATTE SAND
AND GRAVEL, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Long-Term Road Maintenance and
Improvements Agreement for Weld County Road 38 between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Works, and Platte Sand and Gravel, LLC, commencing upon full execution
of said agreement, with terms and conditions being as stated in said agreement, and
WHEREAS, a hearing before the Board was held on the 6th day of December, 2004, at
which time the Board deemed it advisable to continue said matter to December 8, 2004 at
9:00 a.m., and
WHEREAS, at said hearing on December 8, 2004 after review, the Board deemed it
advisable to approve said agreement, a copy of which is attached hereto and incorporated herein
by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Long-Term Road Maintenance and Improvements Agreement for Weld
County Road 38 between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Public Works, and Platte
Sand and Gravel, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
2004-3421
EG0050
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ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT FOR WCR 8
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 8th day of December, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WDCOUNTY, COKORADO
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Robert D. Masden, Chair
eu erk to the Board
1861 tc, • 3 — / h /1.-j
William H. rke, Pro-Tem
Jerk to the Board t-CA_
M. J. Geile
APPROVED AS TO FO
EXCUSED
David E. Long
County Attorney to
GI nn Vaa
Date of signature:
2004-3421
EG0050
MEMORANDUM
C
TO: Clerk to the Board DATE: November 29, 2004
COLORADO FROM: Frank B. Hempen, Jr.,
Director of Public Works/County Engine
SUBJECT: Agenda Item
Long Tern Road Maintenance and Improvements Agreement on WCR 38 with Platte Sand
and Gravel LLC (USR-1306) .
The appropriate documentation is attached.
Enclosures
pc: Donald Carroll, Public Works Engineering Administrator
Keith Meyer, Engineering Division Manager
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B68 COUNTY OF WELD, STATE OF COLORADO
LONG-TERM ROAD MAINTENANCE AND
IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this day of ,2004,by and between
the County of Weld. State of Colorado, hereinafter called "COUNTY" and Platte Sand and Gravel LLC (USR-
1306), hereinafter called "PSG".
WHEREAS. PSG has an annexation agreement and land use permits from the Town of Milliken for gravel,
sand and aggregate mining on 1628 acres located in parts of the SE 1/4 SE 1/4 of Section 23;parts of the SE 1/4 NE %,
SW % NE '/4, SE '/4 SW 1/4, and SE 1/4 NW '/4 of Section 26; parts of the NE'/4 NE 14 and SE 1/4 NE 14 of Section 34
and parts of the NE '4, NW '/4 and SE % SW'/4 of Section 35,all in Township 4 North,Range 67 West,and parts of
the E '/z and E '= W 1/2 of Section 2. Township 3 North, Range 67 West of the 6th P.M.,Weld County, Colorado.
WHEREAS, the mining site shall generate an increase in heavy truck traffic, and
WHEREAS, the existing County roads that serve the mining site shall require increased maintenance and
improvement due to the increase in heavy truck traffic, and
WHEREAS. Milliken has required that PSG improve Weld County Road 38 from the property site to State
Highway 60, and
WHEREAS,COUNTY and PSG have reviewed maintenance and improvements proposals put forth by PSG,
and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the
roads that serve said mining site.
NOW. THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth,
COUNTY and PSG mutually agree as follows:
Haul Route
A. All haul trucks will exit the site via the access point at Weld County Road (WCR) 23 and
WCR 38 traveling eastbound on WCR 38 to SH 60. In the event an act of God prevents use
of the WCR 38 haul route, PSG may approach the County for permission to haul from
another access point. Paving, dust abatement or other forms of mitigation may be imposed
upon a new haul route depending upon road conditions and length of use.
Improvements
B. PSG shall provide a pavement design and complete construction plans for the entire length
of WCR 38 from WCR 23 to SH 60 for review and approval by the Public Works
Department within 75 calendar days of execution of this agreement. This shall include soil
borings along the roadway centerline to a minimum depth of 5-feet. Paving of WCR 38 will
be required from the gravel pit entrance on WCR 23 to SH 60 in accordance with approved
design and plans.
C. From the first day of materials shipment from the PSG site, PSG shall provide continuous
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dust abatement and road grading to ensure WCR 38 is maintained with a smooth dust free
surface acceptable to the Director of Public Works/County Engineer or his assignee.
D. When day and night temperatures exceed 50 degrees Fahrenheit PSG shall grade, compact,
prime,double chip and seal,stripe and post narrow road advisory signs on WCR 38 from the
PSG entrance to SH 60 in accordance with standards approved by the Weld County
Department of Public Works. In no case shall the chip seal improvements be delayed past
May 27. 2005. The chip-seal surfacing will include all intersections along WCR 38
including the site exit at WCR 23 and the approach to SH 60. Intersections shall be chip
scaled back to the point of curvature (PC) of each intersecting county roadway. This
requirement will ensure longevity of the chip and seal product. Driveways shall also be
graded or chip-sealed such that a smooth transition exists into and out of private residences.
Signing and striping can be contracted through the Weld County Department of Public
Works.
PSG shall be responsible for all maintenance of the chip and sealed roadway. Maintenance
shall include, but not be limited to, resealing,patching for potholes and repairs for rutting.
E. Paving of WCR 38 as described in Paragraphs B and G shall be constructed within 3-years
from the date of this agreement. Construction of the Paragraph B and G improvements
(paving of the roadway) may be delayed two years if, after review of the chip and sealed
roadway surface condition after two years from its construction, it is determined by the
Public Works Director/County Engineer that the chip-sealed surface remains serviceable. In
no case shall the paving requirement be delayed longer than four years from the initial chip
seal construction. This timeline is attached in "Exhibit C" and incorporated herein. The
decision of the Public Works Director/County Engineer may be appealed to the Board of
County Commissioners pursuant to the procedure for adjudicatory hearings in the County
Code which decision shall be final. This requirement shall be determined by routine site
inspection of WCR 38 to determine the overall condition of the chip-sealed surface.
F. PSG will be required to provide testing services and inspection for the construction of the
improvements. The COUNTY will only provide oversight. A registered professional
engineer, registered in the State of Colorado, shall provide the COUNTY with a letter that
certifies the proper installation of the road and ancillary improvements. This requirement
does not prohibit the Department of Public Works from inspecting the construction work
while underway and requiring reasonable quality control measures.
G The road improvements shall include: widening of WCR 38 to include a total pavement
width of 32-feet (12-foot travel lanes and 4-foot paved shoulders). The depth and type of
pavement will be determined from the recommended pavement design submitted by PSG.
Other improvements associated with the widening of WCR 38 are ditch,pipe reconstruction,
drainage structure extension/reconstruction,roadbase,revegetation,earthwork,signing and
striping.
H. Each intersection along WCR 38, including SH 60, shall be appropriately designed to
accommodate for turning movements of large trucks. A minimum turning radius of a WB-50
vehicle shall be used for design.
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PSG and Weld County will proportionally share the cost of the improvements. Weld County
will not participate in the cost of dust abatement or a chip-sealed pavement surface or
maintenance thereof. The cost share has been determined by relating all vehicles to 18,000
lb truck equivalents. The County has provided the traffic data. The cost share percentages
arc as follows.
Weld County PSG
SH 60 to WCR 25.5 14.47% 85.53%
WCR 25.5 to WCR 25 5.61% 94.39%
WCR 25 to WCR 23 5.69% 94.31%
If PSG chooses to construct the roadway using concrete pavement any differential cost
associated with concrete pavement construction will be borne by PSG. In the event concrete
construction is less,the County will participate in the cost of the concrete road construction
at the percentages listed above.
PSG shall submit an engineer's estimate of the proposed improvements. This estimate shall
be reviewed and approved by Weld County. It will provide the basis for cost sharing
between PSG and Weld County. The cost-sharing breakdown will become part of this
agreement and shall be incorporated as Exhibit "B."
h The engineering design and construction plans for the roadway improvements shall be the
responsibility of PSG. PSG shall provide the County with construction drawings that detail
the required improvements. The plans shall consist of,at a minimum,intersection layout and
grading, plan and profiles,cross sections,signing and striping,structure plans and property
ownership. These plans will require approval by the Public Works Director/County
Engineer or his representative. A registered professional engineer registered in the State of
Colorado must prepare the construction plans. The plans,when reviewed and approved,will
constitute a section of this agreement. They will be attached hereto and referenced as
Exhibit "A."
L. The engineering design provided by PSG shall include details addressing the intersection
alignment of WCR 25 and WCR 38, irrigation structures, roadside drainage and the
intersection at SH 60. PSG must work with the Colorado Department of Transportation to
secure all necessary approvals to access SH 60.
Shoulder widening improvements shall take place during the winters of 2004-2005 and
2005-2006 to establish a complete roadway cross section as described in Paragraph G.
Widening shall be accomplished by constructing the full length of either the north or south
shoulder of WCR 38 in each winter period described above. Each shoulder widening shall
be completed by March 31'following the winter season. PSG can,with prior approval from
the Public Works Director, choose to construct the shoulder widening in one winter season.
All inspection requirements as described in Paragraph F shall be required. PSG understands
and agrees that the interim shoulder widening and chip-sealed surface will not replace the
ultimate improvement required by the engineering design attached hereto as Exhibit"A".
PSG also acknowledges that the work associated with shoulder widening and the chip-sealed
surface may become part of the overall required improvement but that additional work will
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be required to achieve the improvements outlined in Paragraph G.
NI. The applicant shall warrant and guarantee all final construction improvements for a period of
one year from completion.
Maintenance
N. PSG agrees to excavate,repair,or patch any damage on WCR 38 (haul route)at any stage of
the haul route construction. This includes the chip-sealed and paved road. The type and
method of repair will be determined by the Public Works Director/County Engineer or his
representative. The repairs shall commence within thirty(30)day s of receipt of our written
notice.
There will be an annual inspection in the spring of the roadways to determine actual
conditions and what work is to be performed that summer if any repairs are needed.
O. At any time in the future, if road damage from PSG hauling operations has increased beyond
the point that repair of damage can reasonably restore the road,PSG will pay a proportionate
cost share based on the percentages listed in Paragraph Ito repair the roadway. PSG may be
released from this requirement if the damage to the roadway is caused by an act of God.
P. I f reconstruction is required,PSG shall pay a proportional share of the cost to reconstruct the
roadway. The share will be determined by the percentages shown in Paragraph I. The
COUNTY has provided the traffic data.
CDOT Improvements
Q. PSG will address any concerns the Colorado Department of Transportation may have at the
intersection of SH 60 and SH 85 and the intersection of WCR 38 and SH 60. PSG shall
assume all costs for any CDOT requested improvements.
2. Prior to the start of hauling operations,the COUNTY and PSG will inspect the roads covered under
this Agreement to ensure that the gravel pit operator will not be held responsible for damage that has
prey iously occurred.
3. Failure of either party to perform any of its respective obligations hereunder by reason of acts of
God, strike, or acts of any governmental agency or authority having jurisdiction over matters set
forth herein shall excuse timely performance of such obligations provided that the obligations are
performed as soon as reasonably practical.
4. This Agreement may not be assigned or delegated in whole or in part by either party hereto without
the vv ritten consent of the other party. Such consent will not to be reasonably withheld,conditioned,
or delayed. Notwithstanding the foregoing two sentences, the obligation to improve and maintain
the road may be delegated to a purchaser of a portion or all of the described mining operation
pros idcd further that such consent does not constitute a novation which would relieve PSG of any of
its obligations under this agreement. Furthermore, County may delegate or assign its rights and
obligations without the consent of PSG to another governmental entity which by annexation or
agreement has assumed jurisdiction over the road.
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5. If any clause or provision of this Agreement is illegal, invalid, or unenforceable, then it is the
intention of the parties that the remainder of this Agreement shall not be affected.
6. Should PSG sell its operation,cease operating,file bankruptcy,or in any way release ownership and
responsibility of the permitted property,the County shall have the option of immediately terminating
this Agreement. Notwithstanding the terms of this paragraph, the requirements of the Town of
Milliken shall not be waived by the terms of this paragraph and the failure to have a maintenance
Agreement in effect will be reported to the Town for its consideration as a violation of the Town's
requirements.
7. All construction and materials controls for a project will be in accordance with the current Standard
Specifications for Road and Bridge Construction, as supplemented or revised, provided by the
Colorado Department ofTransportation. During construction,signage shall be posted in accordance
with the most current Uniform Manual on Traffic Control Devices.
8. It is expressly understood and agreed that enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the
undersigned parties,and nothing contained in this Agreement shall give or allow any claim or right
of actions whatsoever by any other person not included in this Agreement. It is the express intention
of the undersigned parties that any entity other than the undersigned parties receiving services or
benefits under this Agreement shall be deemed an incidental beneficiary only.
9. Indemnification: To the extent authorized by law, PSG agrees to indemnify, save, and hold the
County harmless from and against any and all claims, damages, losses,and judgments, which may
be suffered or incurred by the County as a consequence of any breach by PSG of its obligations and
duties set forth in this Agreement on those portions of the haul route described in this Agreement. In
the ev cut that any dispute shall arise under this Agreement,the prevailing party in such dispute shall
be entitled, in addition to any other relief to which such party may be granted, to recover its
reasonable attorney's fees and court costs incurred in connection with the resolution of such dispute.
10. By entering into this Agreement,the parties do not intend, either expressly or implicitly,to create a
joint venture or partnership. Except as provided herein, neither party shall have the right or
authority to act for, or on behalf of, or to enter into any obligations which are binding on the other
party to this Agreement.
11. PSG shall provide a guarantee (collateral) acceptable to the Weld County Board of County
Commissioners in accordance with sec 2-3-30 of the Weld County Code for maintenance of the chip
and sealed roadway and construction improvements to WCR 38 as described above. Collateral for
maintenance of the roadway shall be provided upon completion of the chip and seal surface
roadway. Collateral for the construction improvements shall be made upon approval of the final
construction plans and engineering cost estimate and no later than 30 calendar days following such
approval.
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12. All notices to be given under this Agreement shall be in writing and delivered in person, or mailed
by certified or registered U.S. Mail,or sent by a nationally recognized overnight delivery service,to
the party to receive such notice at the following addresses:
Weld County Board of Commissioners (COUNTY)
P.O. Box 758
Greeley, CO 80632
Platte Sand and Gravel (PSG)
1300 Harlan Street
Lakewood, CO 80214
All notices shall be effective upon receipt by the party to receive such notice, or by the third day
follo inc deposit of said notice in U.S. Mail,or the first day following deposit of acknowledgment
of refusal of delivery of said notice.
IN WITNESS WHEREOF. the parties hereto have duly executed this Agreement the day and year first
above written.
WHEREFORE, parties have hereunto set their hands and seals the date and year first written above.
ATTEST: Platte Sand a Gravel, LLC
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EST BOARD OF COUNTY COMMISSIONERS
EL ial WELD COUNTY, COLORADO
Clerk to the Board
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N°\ fluty Clerk to the Board � Robert D. Masden, Chair DEC 0 8 2 04
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,72)t y-3 yea,/
EXHIBIT "C"
Execution of Road Improvements Agreement
If hauling begins, PSG to provide dust
suppressant and road grading up to the point
road is chip-sealed
When ambient temperatures exceed 50 degrees PSG to chip-seal road
but no later than May 27, 2004
2 years from execution of agreement Review of chip-seal surface to determine
remaining serviceability
1 year from chip seal condition review Paving of WCR 38 from WCR 23 to SH 60
completed (if chip-seal does not perform)
2 years from chip seal condition review Paving of WCR 38 from WCR 23 to SH 60
(if chip seal performs) completed (if chip-seal does perform)
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